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KingKongZilla

NYS Department of Labor consequences for refusing job offer while on unemployment

I've been collecting unemployment for about 8 weeks now and just received a job offer that pays $2 less per hour than my previous position. The commute would also be 45 minutes each way compared to my old 15-minute drive. I'm worried about refusing it because I know NYS Department of Labor has rules about accepting suitable work. What exactly happens if I turn down this offer? Will they automatically cut off my benefits or do I get a chance to explain why it's not suitable? I've been doing my weekly certifications and job searches religiously so far.

You're right to be concerned about suitable work requirements. NYS Department of Labor defines suitable work based on several factors including your skills, experience, wage history, and travel distance. Generally, a job paying significantly less than your previous wage or requiring excessive travel time may not be considered suitable, especially early in your claim. You should document why you're refusing - the pay cut and commute time are both valid reasons. If they question your refusal, you'll have the opportunity to appeal and explain your reasoning.

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KingKongZilla

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Thank you! Should I refuse the offer first and then report it to NYS Department of Labor, or contact them before refusing to get guidance?

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Nathan Dell

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I went through this exact situation last year. Refused a job that was 30% less pay and NYS Department of Labor initially flagged my claim for review. Had to go through adjudication but they ultimately ruled in my favor because the wage was too low compared to my benefit year base period earnings. The key is having valid reasons and being able to document them. Keep records of the job offer details, your previous salary, and your reasoning for refusal.

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Maya Jackson

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How long did the adjudication process take? I'm worried about missing payments while they review.

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Nathan Dell

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It took about 3 weeks but I received retroactive payments once they approved my appeal. Just make sure you keep filing your weekly claims even during the review.

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The unemployment system is so frustrating with these suitable work rules! They expect you to take ANY job even if it sets your career back years. I've been fighting with NYS Department of Labor for months over a similar issue where they wanted me to take a part-time retail job when I'm a software engineer. The whole system is designed to push people off benefits regardless of whether it makes sense.

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While the system can be frustrating, there are legitimate protections for workers. The suitable work provisions are meant to ensure you're not forced into jobs that don't match your qualifications or pay adequately.

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Amaya Watson

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I had trouble reaching NYS Department of Labor when I needed clarification on a job refusal issue. Spent weeks trying to get through on the phone. Eventually found this service called Claimyr (claimyr.com) that helped me get connected to an actual agent. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Made the whole process much easier than sitting on hold for hours every day.

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KingKongZilla

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That sounds helpful! Did they charge a lot for that service?

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Amaya Watson

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It was worth it to avoid the phone call nightmare. Much less stressful than trying to reach NYS Department of Labor on my own.

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Grant Vikers

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Wait so if I refuse a job offer do I need to tell them right away or just when I do my weekly certification?? I'm so confused about all these rules and requirements.

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same thing happened to my cousin she refused a job and they stopped her payments for like 6 weeks until she appealed

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That's why it's important to understand your rights and document your reasons for refusal. Many people don't realize they can appeal these decisions.

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Peyton Clarke

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Based on what you've described, you likely have valid grounds to refuse this offer. A $2/hour pay cut plus the significantly longer commute (45 min vs 15 min each way) are both legitimate factors that could make this job "unsuitable" under NYS Department of Labor guidelines. When you refuse, be sure to clearly document both the wage reduction and the excessive travel time in your refusal. During your next weekly certification, you'll report the job offer and refusal - make sure to provide detailed reasons in the comments section. If they do flag your claim for review, don't panic. You'll have the opportunity to present your case, and based on the factors you've mentioned, you should have a strong argument for why this position wasn't suitable employment for you.

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This is really helpful advice! I'm curious though - is there a specific percentage or dollar amount that makes a wage reduction "significant" in NYS Department of Labor's eyes? Like would a $2/hour cut on a $15/hour job be treated differently than a $2/hour cut on a $25/hour job? Want to make sure I'm framing my refusal correctly when I document it.

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